News & Analysis as of

Environmental Social & Governance (ESG) Shareholder Litigation

Cozen O'Connor

Missouri AG Investigates Proxy Advisors Over ESG and DEI Practices

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Missouri AG Andrew Bailey announced that his office is investigating and has filed parallel lawsuits against Glass, Lewis & Co. (“Glass Lewis”) and Institutional Shareholder Services (“ISS”), two major corporate proxy...more

Hogan Lovells

Federal district court denies Target’s motion to dismiss securities claims related to one of its ESG and DEI Initiatives

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In Craig v. Target Corporation, et al., the District Court for the Middle District of Florida considered whether Target Corporation (Target) committed securities violations by failing to disclose risks related to an ESG and...more

Alston & Bird

Sustainability Spotlight | Q4 2024

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Welcome to the latest edition of the Sustainability Spotlight, your place to keep up with all the ESG action – federal and state enforcement, shareholder proposals and litigation, and state attorney general actions. This...more

Hogan Lovells

Key risk trends for Directors and Officers in 2025 and beyond

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2024 was a standout year for the Directors and Officers (“D&O”) insurance market, as the industry navigated legislative upheaval and case law developments with remarkable resilience. Despite increasing mass-shareholder...more

Wilson Sonsini Goodrich & Rosati

Antitrust Laws and ESG Shareholder Engagement

Shareholder activism to further environmental, social, and governance (ESG) goals faces intense antitrust scrutiny in the United States. Some members of Congress and state attorneys general claim these efforts may violate the...more

Latham & Watkins LLP

Navigating the Rise of UK Class Actions Implications for Private Equity

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As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more

Latham & Watkins LLP

Corporates and Dealmakers Must Prepare For Increased UK Class Action Claims

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While class actions are well established in the US, they are increasingly common in the UK, driven by market volatility, availability of litigation funding, legal reforms, regulatory settlements, and growing scrutiny of...more

BCLP

Action Stations - Activist investors are hoping to influence the ESG agenda; what are the likely wider repercussions for the...

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The ESG litigation landscape is rapidly developing. Activist claimants, whose end-goal is to effect change in the management, ESG policies or ESG credentials of companies or regulated firms, are progressively pressurising...more

Wilson Sonsini Goodrich & Rosati

2023 Delaware Corporate Law and Litigation Year in Review

Wilson Sonsini is pleased to present the 2023 Delaware Corporate Law and Litigation Year In Review. In 2023, the Delaware courts issued many decisions addressing an array of important topics, including director and officer...more

Latham & Watkins LLP

London Litigation Year in Review and 2024 Outlook

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Welcome to our London Litigation Year in Review and 2024 Outlook. In this report, we examine the litigation trends that shaped the commercial landscape in 2023 and look at how these developments are likely to play out in the...more

Jenner & Block

Client Alert: Shareholders Pose Growing Risks to Companies’ DEI Initiatives

Jenner & Block on

Shareholder activism, in the form of proposals, books and records demands, and litigation, is proving to be an increasingly prevalent tool in challenges to diversity, equity, and inclusion (DEI) policies. This client alert...more

J.S. Held

Will Derivative Shareholder Litigation Be the New Firing Line for Ensuring Achievement of Corporate Sustainability Goals?

J.S. Held on

Mitigating climate change impacts is becoming a critical business priority, and the pressure to achieve corporate sustainability objectives is mounting as investment-focused regulations continue to drive companies toward...more

Wilson Sonsini Goodrich & Rosati

Delaware Court of Chancery Issues Decision on Disney Board’s Obligations in the DeSantis Dispute

On June 27, 2023, Vice Chancellor Lori Will of the Delaware Court of Chancery issued a much-anticipated decision addressing the obligations of the board of directors of The Walt Disney Company (Disney) in overseeing Disney’s...more

Latham & Watkins LLP

Greenwashing: Key Drivers, Risks, Enforcement, and Litigation

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LIDW23 member-hosted event provided insights into current and future trends in the greenwashing space. Latham & Watkins recently hosted a panel discussion during London International Disputes Week on the topic of...more

Hogan Lovells

English Court denies permission for ClientEarth climate claim against Shell directors

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The English High Court has refused permission for ClientEarth to continue a derivative claim against the directors of Shell in relation to the company's climate change commitments and management of climate change risk. In a...more

K&L Gates LLP

Vale's ESG Disclosures Lead to Regulatory and Shareholder Litigation

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On 28 April 2022, the Securities and Exchange Commission (SEC) filed suit against Vale S.A. (Vale), a publicly traded Brazilian mining company and one of the world’s largest iron ore producers, alleging that Vale had made...more

Skadden, Arps, Slate, Meagher & Flom LLP

Despite Last Year’s Decline in Filings, Securities Litigation Will Likely Pick Up in 2022 Due to Plaintiffs’ Continued Focus on...

Takeaways - Despite a decline in securities class action filings in 2021, we saw a spike in SPAC-related lawsuits and continued activity in event-driven suits focused on issues of cybersecurity, the pandemic and...more

Pillsbury Winthrop Shaw Pittman LLP

Navigating the Landscape of ESG-Related Shareholder Litigation

As the SEC continues to develop its ESG agenda, a series of recent cases underscores the risk posed by ESG-related litigation. Although the courts have not been receptive to the most recent round of ESG-related lawsuits,...more

Kilpatrick

6 Key Takeaways - ESG Hot Topics

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Kilpatrick Townsend attorneys, consultants, and corporate representatives recently provided insight on ESG topics and takeaways ranging from climate change, broker/dealer and corporate board considerations, potential legal...more

Eversheds Sutherland (US) LLP

Greenwashing: A survey of recent litigation

As climate change jurisprudence continues to evolve, an offshoot of “greenwashing” claims has generated a series of headline-grabbing lawsuits. The definitions vary but most references to greenwashing include claims...more

Jones Day

Landmark Proceedings Challenge Veracity of Climate Change Commitments by Australian Corporates

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On 26 August 2021, the Australasian Centre for Corporate Responsibility ("ACCR") initiated proceedings against Australian gas-producer Santos Limited, challenging statements and policies which the ACCR considered...more

Jones Day

Recent Developments in Shareholder Derivative Litigation Concerning Diversity in Corporate Leadership

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The Situation: A number of shareholder derivative lawsuits in federal court have been filed seeking to hold directors and officers of major companies accountable for alleged failures to uphold their companies' stated...more

Fenwick & West LLP

ISS Policy Changes for 2021: Increased Expectations for Diversity and Accountability

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Institutional Shareholder Services (ISS) announced benchmark voting policy changes in the United States, increasing expectations for board racial and ethnic diversity, adding director accountability for environmental and...more

Wilson Sonsini Goodrich & Rosati

A Guidebook to Boardroom Governance Issues - Fall 2019

In recent years, we have seen boards and management increasingly grapple with a recurring set of governance issues in the boardroom. This publication is intended to distill the most prevalent issues in one place and provide...more

Perkins Coie

2019 Corporate Governance Hot Topics

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The following update highlights recent corporate governance hot topics and trends for directors of public companies. Board Oversight of Mission-Critical Risks - In June 2019, the Delaware Supreme Court allowed a Caremark...more

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